Allahabad High Court
Rabi Kant Singh vs State Of U.P. Thru. Prin. Secy., ... on 8 May, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 (C.M. Application No.57805 of 2019) In Re:- Case :- SERVICE SINGLE No. - 9754 of 2019 Petitioner :- Rabi Kant Singh Respondent :- State Of U.P. Thru. Prin. Secy., Cooperative Deptt. & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar Counsel for Respondent :- C.S.C.,Shireesh Kumar Hon'ble Rajesh Singh Chauhan,J.
Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Parihar Singh, Advocate for the petitioner and the learned Additional Chief Standing Counsel for the State-respondents.
By means of this application, the learned counsel for the petitioner has submitted that despite the specific order being passed by this Court on 29.04.2019 directing the opposite parties to reinstate the petitioner in service forthwith, but till date, the petitioner has not been reinstated. The petitioner has provided the copy of order on 01.05.2019 to the Principal Secretary, Co-operative Department, Government of U.P., but no decision has been taken.
Sri Parihar, learned Senior Advocate has drawn attention of this Court towards paras-7 and 8 of the affidavit filed in support of the application, wherein it has been pleaded that when the petitioner personally met with the Principal Secretary, namely, Sri M.V.S. Rami Reddy for compliance of order of this Court dated 29.04.2019, the authority concerned has stated that since no time has been fixed for making compliance of order and only the term 'forthwith' has been indicated, therefore, the petitioner shall be reinstated as per convenience of the authority.
This is very sorry state of affairs and this is a colourable exercise of the authority, which is deprecated by this Court.
List / put up this application/ petition on 10.05.2019 in the additional cause list, to be taken up, just after fresh cases or at 12'O Clock, whichever is earlier to enable the authority concerned to make compliance of order dated 29.04.2019 in its letter and spirit and it is expected that the learned Additional Chief Standing Counsel shall explain the meaning of 'forthwith' to the Competent Authority.
The learned Additional Chief Standing Counsel shall submit the order of compliance on the next date, failing which, the Principal Secretary, Co-operative Department, Government of U.P. shall appear in person to explain as to why the judgment and order dated 29.04.2019 has not been complied with in its letter and spirit by now.
Order Date :- 8.5.2019 Suresh/ [Rajesh Singh Chauhan,J.]